1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The instant road is a dead-end passage, which is surrounded by each site E, D, C, F, G, and H (hereinafter referred to as “each site of this case,” and each site of this case is included only in lot numbers, as indicated in the certified copy of the cadastral map in the attached sheet. The ground owner of each site of this case uses the instant road as an entry road to contribute to the road of this case.

B. On November 16, 1992, the Plaintiff completed the registration of ownership transfer in the future of the Plaintiff on the grounds of sale on October 21, 1992 with respect to H sites and their ground buildings.

C. The Defendant is the owner of 10/106 shares among the roads of this case.

[Grounds for Recognition: Evidence A. 2, Evidence A. 6, Evidence A. 7, Evidence A. 15-1 through 11, Evidence A. 24, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On October 7, 1976, the Plaintiff alleged that the road of this case was owned by K, L, 4.6/21.2 shares, J, M, 4/21.2 shares, and I and the Defendant respectively.

K’s site, L L L’s site, D’s site, M’s site, C’s site, and Defendant owned H’s site, and the instant road was used as a passage along the road.

After that, each of the instant sites was generally transferred the ownership in sequence along with the respective shares of the instant road.

However, while the H site owned by the Defendant transferred the ownership in sequence to N,O, P, Q, and the Plaintiff, the Defendant’s 2/21.2 shares (i.e., 10/106 shares in the instant road; hereinafter “the Defendant’s shares in the instant road”) among the instant roads are not transferred to the buyer of the site, but still remain as owned by the Defendant.

N on April 25, 197, the N completed the registration of ownership transfer for itself on the H site on the grounds of sale and purchase, and later buyers, including N, have occupied and used the road of this case with the intent of possession with belief that the shares of the defendant among the roads of this case are included in H site and that the defendant's shares are also included in H site at the time of purchase of H site.

Plaintiff also.